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Bombay High Court

VINOD CHANDRAKANT PITALEversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The appeal is disposed of for non‑prosecution.

Summary

The appellant, Vinod Chandrakant Pitale, failed to appear before the High Court of Bombay for his civil appeal against the State of Maharashtra. The appellant's counsel, Advocate Mr. Soni, returned the case papers and recorded no objection to the appellant. Because no representation was made, the court directed the appellant to make alternate arrangements to prosecute the appeal, but he showed no interest. Consequently, the court disposed of the appeal on the ground of non‑prosecution. The judgment further indicated that the appellant may apply for restoration of the appeal, which the court would consider on its merits.

Issues considered

  • What is the appropriate consequence when an appellant fails to prosecute an appeal and makes no appearance before the court?

Subjects

  • civil appeal
  • non‑prosecution
  • restoration of appeal
  • court procedure
  • high court

Judgment

                                                                                             3 Fa-451-1998.doc




                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION

                                                  FIRST APPEAL NO. 451 OF 1998

                             Vinod Chandrakant Pitale                         ...Appellant

                                        Vs.

                             The State of Maharashtra                         ...Respondent
                                                                *****
                                     None for the Appellant
                                     Mr. A. R. Patil       Addl. GP for the Respondent-State
                                                             *****
                                                   CORAM :       S. M. MODAK, J.

                                                   DATE    :      27th AUGUST 2026

                             P. C. :-

                             1.       No one is present on behalf of the Appellant. The order dated

                             16.07.2026 records that learned Advocate Mr. Soni has returned back

                             the papers and given no objection to the Appellant.

                             2.       Under these circumstances, the Appellant was required to make

                             alternate arrangements and to prosecute his appeal. It seems that he has

                             lost interest. Hence appeal is disposed of for non-prosecution.

                             3.       If he will apply for restoration, the Court will consider it on

                             merits.


          Digitally signed
          by SEEMA
SEEMA KSHITIJ
                                                                    [S. M. MODAK, J.]
        YELKAR
KSHITIJ Date:
YELKAR 2026.08.28
        12:26:41
          +0530
                             Seema                                                                       1/1


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